Law: National Accountability Ordinance, 1999

Section: 12,13,13(a),16A,23,23(b),36

Law: Civil Procedure Code (V of 1908)

Section: S.9,O.VII,R.11

Law: Constitution of Pakistan, 1973

Section: 8,9,10,10A,14,18,23,24

Law: Specific Relief Act, 1877

Section: 42,54,56(e)

(a) National Accountability Ordinance (XVIII of 1999)--- ----S. 13(a)---Order freezing the property---Objection---Locus Standi---Even ostensible owner can file claims/objections before Accountability Court under S. 13(a) of National Accountability Ordinance, 1999 though such ostensible owner was not impleaded in reference. National Accountability Bureau v. Zahida Sattar PLD 2001 Kar. 256 and Zahida Sattar v. Federation of Pakistan PLD 2002 SC 408 rel. (b) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 12, 13 & 23(b), Proviso--Specific Relief Act (I of 1877), Ss. 42, 54 & 56(e)---Civil Procedure Code (V of 1908), O. VII, R. 11 & S. 9---Suit for declaration and injunction---Rejection of plaint---Jurisdiction barred by law---Scope---Defendant sought rejection of plaint on grounds that in view of specific provisions of Ss. 13 & 23 of National Accountability Ordinance, 1999 suit was not maintainable---Validity---Proviso to S. 23 National Accountability Ordinance, 1999 in a sense provided both remedy and forum of Accountability Court not only to accused but also to other persons mentioned in S. 23 of National Accountability Ordinance, 1999 against restrictions imposed---National Accountability Ordinance, 1999 was special law, remedy and forum so provided therein was exclusive and had ousted jurisdiction of any other court---Claim that plaintiffs held suit properties in their own right and not as Benamidars of accused persons and were free/permitted to deal with same could only be made to and entertained by Accountability Court under proviso to S. 23 National Accountability Ordinance, 1999---Jurisdiction to decide question raised in suit vested exclusively in Accountability Court under proviso to S. 23 of National Accountability Ordinance, 1999 and jurisdiction of civil court under S. 9, C.P.C. was barred---Plaintiff in suit sought to prevent exercise of jurisdiction by Accountability Court under S. 12 of National Accountability Ordinance, 1999 but same was prohibited under S. 56(e) of Specific Relief Act, 1877---Plaint was rejected in circumstances. Raja Muhammad Zarat Khan v. Federation of Pakistan PLD 2007 Kar. 597 and Khan Asfandyar Wali v.…

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